Insolvency – Farm business tenancies – Floating Charges – Transactions at an undervalue – Banking and Finance – Agriculture

Farm business tenancies – Land registration – Notices to quit – Registrable dispositions – Validity – Equitable Ownership

Misrepresentation – Breach of covenant and unfair contract terms (UCTA) issues in relation to a Farm Business Tenancy of a dairy farm – Damages for s2 misrepresentations – Causation – Quantification of loss in a complex causation case involving expert veterinary and herd production evidence.

Landlord and Tenant (Covenants) Act 1995 – Whether assignment in favour of tenant’s guarantor frustrates provisions of s.5 and is thus void under s.25 – Whether saved by effect of s.3

Farm business tenancy – Business – Written agreement – Subject to condition – Planning permission – Possession – Use and management of the holding

Agricultural Holdings Act 1986, Part IV – Succession on death – Principal source of livelihood – Suitability – Landlords’ application for consent to operation of Case G notice to quit

Agricultural Holdings Act 1986, Part IV – Succession on death – Principal source of livelihood test – Duty on applicant to prove his eligibility – ibid., s.41 – Time window for application

Agricultural Holdings Act 1986, Part IV (Ss.50 & 53) – Succession on retirement – Principal source of livelihood – Proper date on which seven-year period should be taken as ending – (Obiter) Whether husband’s and wife’s incomes must be pooled in assessing satisfaction of the livelihood test
See also HC [2007] EWHC 1532 (Admin)

Agricultural Holdings Act 1986, Part IV – Succession on retirement – Criterion of suitability

Agricultural Holdings Act 1986, Pt.IV – Succession on death – ibid., s.27 – Application by landlords for consent to operation of Notice to Quit

Agricultural tenancy – Right to occupy – Gift – Proprietary estoppel – Inheritance – Trusts of Land and Appointment of Trustees Act 1996 s.12 – Will

Agricultural holding—Succession to tenancy—Retirement of tenant—Nominated successor deriving principal source of livelihood from holding for five years “in last seven years” entitled to apply for tenancy—Whether seven-year period ending with retirement notice—Whether successor having to satisfy condition at all times between date of notice and hearing of application for tenancy— Agricultural Holdings Act 1986 (c 5), s 50(2)(a)

Succession tenancy – Agricultural Holdings Act 1986, Ss.36(3)(a) & 41(1)(b) – Meaning of “to a material extent”

Succession – Will – Validity – Interpretation –  Codicils – Farming -Letters – Partnerships at will – Scotland – Validity

Tenancy – Contract terms – Duration – Interpretation – Leases – Modern limited duration tenancies – Registration – Scotland – Security of tenure – Successors in title

Landlord and Tenant – Rent (Agriculture) Act 1976 – respondent’s husband employed
in agriculture by appellants’ predecessors in title – husband becoming protected occupier of a
dwelling – husband leaving employment and the dwelling – respondent remaining in dwelling – respondent then granted tenancy of other accommodation by landowners – status of
respondent in original dwelling and (in consequence) her status in subsequent accommodation – Housing Act 1988 section 34.

Succession Tenancy on death – Form TASD111 – Agricultural Holdings Act 1986 – Case G notice to Quit – Sole or principal source of livelihood – No fixed division – Owner Occupied Land

Agricultural Holdings Act 1986, Part IV – Succession on death – S.39(8): suitability – Farming ability, mental condition and financial resources of applicant

Agricultural Holdings (Scotland) Act 2003 s.72(10) – Agricultural holdings – Limited partnerships – Peaceful enjoyment of possessions – Scotland – Security of tenure – Tenancies

Landlord and Tenant – Agricultural holdings – Notices to quit – Rent – Rent reviews – Validity – VAT

Agriculture tenancy – Notice to Quit – Agricultural Holdings Act 1986 Sch.3 Case D – Equitable set-off of unliquidated claims for damages – Notice to pay

Agricultural Holdings Act – Landlord and Tenant – Agricultural holdings – Arbitral proceedings – Counter-notices – Notices to quit – Parallel proceedings – Serve two notices at the same time – Arbitration – Section 28(2). Both notices will be valid

Agricultural holdings – Landlord and tenant; Public sector tenancies – Termination of tenancy notices

Landlord and Tenant – Agricultural holdings — Rent review — Whether one holding — Whether SSSI management agreement relevant — Whether marriage value with other land relevant – Arbitration

Agricultural tenancy – Rent review – Arbitration – Parties adding additional land to tenancy by memorandum – Automatic surrender and re-grant of tenancy thereby effected by operation of law – Memorandum expressly continuing terms of original tenancy save for addition of land and consequent amendment to rent – Whether rent payable by appellant tenants that stated in memorandum or higher figure determined by arbitrator on rent review in process at date of memorandum – Appeal dismissed

Agreement – Date of termination – Joint tenancies – Notice – Rent – Tenancies – Variation

Agriculture – Landlord and Tenant – Notice to quit – Rent – Where the amount of rent due was wrongly stated on the face of the notice to quit the notice was invalid

Agriculture – Agricultural Holdings Act 1986 – Notice to quit –  Validity of a notice to quit – Unaware of the assignment of the tenancy – Intention to serve on the correct recipient

Affirmation – Election – Fraudulent misrepresentation – Joint tenancies – Licences – Notices to quit – Rescission – Tenancies from year to year

Register of Community Interests in Land 2003 Part 2 – Agricultural holding – Register a notice – Absence of writing – Acceptance of Rent – Agricultural Holdings (Scotland) Act 1991 Tenancy

Agricultural Holdings (Scotland) Act 1991 – Disputed Land –  Unwritten tenancy – Rent – Payment of rent

Abandonment – Agricultural holdings – Agriculture – Businesses – Expert evidence – Grazing – Scotland – Subtenancies – Agricultural Holdings (Scotland) Act 1991 – Agricultural Holdings (Scotland) Act 2003.

Change of use – Planning conditions – Planning permission – Town and Country Planning Act 1990- Section 106 agreements – Sports and leisure facilities

Agricultural land – Agricultural workers – Change of use – Economic viability – Local plans – Planning permission – Temporary buildings –  Town and Country Planning Act 1990 s.288

Caravan sites; Holiday accommodation; Material change of use; National Parks; Planning conditions; Planning permission

Manchester City Council v Secretary of State for Housing, Communities and Local Government – Town and country planning – Planning permission – Conditions – Inspector appointed by appellant secretary of state refusing to impose conditions on grant of planning permission as unnecessary – High Court allowing challenge by respondent local authority to that decision – Appellant appealing – Whether planning conditions necessary to prevent changes of use permitted by Use Classes Order or General Permitted Development Order – Town and Country Planning Act 1990 s.174

Certainty – Conditions – Consent – Electricity generation – Implied terms – Interpretation – Interpretation – Planning conditions – Planning permission – Scotland – Wind farms

Change of use – Consent – Enfranchisement – Landlords’ rights – Leases – Mixed use premises – Planning permission – Qualified covenants – Landlord and Tenant

Landlord and Tenant (Covenants) Act 1995 – Assignment by tenant in breach of covenant – Redressing the balance – Position of guarantor – New guarantee void as attempt to frustrate Act – Discussion of potential alternatives

Landlord and Tenant (Covenants) Act 1995 – Authorised Guarantee Agreement – Anti-avoidance provisions – Whether guarantor of tenant can be held liable for acts of assignee